If my husband was not divorced when we got married, how does that affect us?

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If my husband was not divorced when we got married, how does that affect us?

My husband was not divorced when we got married, I’ve tried to explain to him that we are not married and I have no legal rights at all. If something should happen to him everything would go to his legal wife, even though my name is on the life insurance, etc. The only thing that is in our “name” is his truck and nothing else, the house is in his name only. Who is right?

Asked on August 5, 2012 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are.  You are not legally married so you would have no claim to anything in his estate that is not jointly held with rights of survivorship.  And she may have a claim against those items anyway depending on the amount of the estate.  Now, the life insurance would not go through his estate and would pass to you automatically.  But she may be able to cause a problem there depending.  Good luck.


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